SHALIM SARKAR Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2020-9-6
HIGH COURT OF MEGHALAYA
Decided on September 10,2020

Shalim Sarkar Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

Ranjit More,J. - (1.) Heard Mr. K.Ch. Gautam, learned counsel for the petitioner, learned AG for the respondents No. 1-4 and Mr. H.Abraham, learned counsel for the respondent No. 5.
(2.) The petitioner and respondent No. 5 are Assistant Agriculture Inspector. Petitioner was working in Nongkrem Circle under the District Agriculture Officer, Shillong. By order dated 16-03-2020 he was transferred to the office of Sub-Divisional Agriculture Officer, Dadenggre and by the very same order, private respondent No. 5 was transferred from Dadenggre to Shillong. It is the grievance of the petitioner that within a period of three months i.e., by order dated 27-05-2020, he was again transferred from Dadenggre to Shillong and private respondent No. 5 was transferred from Shillong to Dadenggre. The petitioner challenged this transfer order by filing instant petition on the ground that same is not in public interest and contrary to the government policy.
(3.) On behalf of the respondents, affidavit in reply has been filed by the Director of Agriculture, Govt. of Meghalaya. It is pointed out in the affidavit that petitioner served in the capacity of Assistant Agriculture Inspector for the period of 8 years 7 months at Dadenggre i.e., between the period 26-03- 2010 to 26-11-2018. This submission is however disputed by the learned counsel for the petitioner who submitted that the petitioner served at Dadenggre for a period of 5 years. The respondents in the affidavit also pointed out that petitioner was earlier transferred to Shillong on 26-11-2018 and by the order dated 16-03-2020 he was transferred to Dadenggre, thus, the petitioner has completed a tenure of 1 year 4 months at Shillong. In the submission of the respondents, the petitioner ought to be kept at Shillong for minimum period of 3 years in terms of government policy. However, he was wrongly transferred to Dadenggre within a period of 1 year 4 months by order dated 16-03-2020. The learned AG submitted that the earlier mistake committed by the respondents was corrected by impugned transfer order so as to allow the petitioner to complete his tenure of 3 years in Shillong.;


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